Ka Wai Ola - Office of Hawaiian Affairs, Volume 28, Number 4, 1 April 2011 — Q&A STATE RECOGNITION [ARTICLE]

Q&A STATE RECOGNITION

WĒ What is State RecognitionP > State recognition is an acknowledgment by a state government that a certain group of people is indigenous. That acknowledgement ean take a variety of forms ranging from reaffirmation of a government-to-government relationship between the state and the governing body of the group to a simple admission that the group is a historic indigenous people within the state's boundaries. The benefits of state rec-

ognition differ from state to state based on state and federal laws and programs. State-recognized groups, typically American Indian tribes, do not automati-

cally qualify for the same programs and benefits as federally recognized tribes, but some federal legislation, such as protections for indigenous artisans, certain environmental programs, and some grant processes, explicitly include state-recognized groups. State recognition ean be conferred in several ways, but the most eommon is by an act of the state legislature recognizing the indigenous group. Altematively, some states use an administrative recognition process where groups must meet certain criteria to qualify for recognition. In a few states, the Governor may grant recognition to indigenous groups.

WĒ ls State Recognition an option for ĒM Native HawaiiansP

> Several pieces of legislation that would recognize Native Hawaiians as the indigenous, aboriginal, maoli people of Hawaii were introduced in the 2011 Hawai'i Legislative Session. Currently, Senate Bill 1, House Draft 1 establishes a Native Hawaiian roll commission to certify a roll of Native Hawaiians qualified to participate in the organization of a Native Hawaiian goveming entity. SB 1 does not contain detailed procedures for organization of the goveming entity and largely leaves Native Hawaiians with flexibility in this process. Senate Bill 1520, House Draft 1 contains a simple statement of recognition of the Native Hawaiian people. House Bill 1627, House Draft 2 requires OHA to submit to the Legislature a proposal for the process of certification of the organic documents of a first nation government to the Legislature. These goveming documents would need to be approved by the Governor. However, this bill has been deferred.

WĒ What is 0HA's position on State KU Recognition of Native Hawaiians?

> OHA supports state recognition of Native Hawaiians provided that it does not diminish efforts to pursue and obtain federal recognition. OHA, in conjunction with our beneficiaries,

For more information on State Recognition, please see www. oha.org/leg.

public officials and advisers, is carefully considering possible approaches to state and federal recognition in an effort to offer constructive suggestions to the dialogue. We are encouraged by the willingness of our legislators to not only listen, but adopt many of the public's recommendations to improve proposed state recognition legislation this session.

OHow does State Recognition differ from Federal Recognition?

> State-recognized groups do not hold the same status or automatically qualify for the same programs or benefits as federally recognized Indian tribes or Alaska Natives. At least 15 states have recognized over 60 groups that do not also have federal recognition. Because the criteria for state recognition need not mirror or even resemble the criteria for federal recognition, state recognition is not necessarily a precursor to federal recognition. State recognition also does not exempt indigenous groups from certain state and federal law like federal recognition would. For example, state recognition would not protect Native Hawaiians fromfederal equal protection challenges. It would also not exempt Native Hawaiians from any state taxes or laws unless explicitly negotiated with the state.

■!■ Does State RecognimM tion preclude later Federal Recognition of Native HawaiiansP

> No. Even if Native Hawaiians were to be granted state recognition, the United States retains the ability to federally recognize Native Hawaiians at a later date. In some situations, the process of state recognition of an indigenous group has led to findings that later supported their petition for federal recognition. ■